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Law-enforcement-backed bill would raise penalties for possession of stolen firearms; prosecutors cite rising juvenile use
Summary
HB 493 would increase penalties for possessing stolen firearms (and ammunition) and allow certain juvenile cases to be transferred to adult court; law-enforcement and county attorney witnesses cited local spikes in stolen-gun crimes and juvenile involvement, while defenders flagged possible overreach and data gaps.
Representative Steve Kelly introduced House Bill 493, which raises the penalty for possession of a stolen firearm or stolen ammunition, allows prosecutors to treat some juvenile offenders as adults for this offense and attaches possession to gang-activity statutes in some cases. He said the bill responds to an escalating problem in Billings and other jurisdictions.
Supporters included law-enforcement and prosecutorial witnesses: Dan Smith (Montana Police Protective Association) and Nannette Gilbertson (Montana Sheriffs and Peace Officers Association and Montana County Attorneys Association) urged a due pass, describing stolen guns as a statewide problem beyond Billings. Hallie Bishop, deputy chief with Yellowstone County Attorney’s Office, told the committee that since 2022 her youth-court services identified "128 youths" who either possessed stolen firearms or used them in violent crimes. Ed Zink, criminal chief of the Yellowstone County Attorney’s Office, told the committee the Billings Police Department has recorded "1,571 firearms" reported stolen since 2020 and that roughly half of the office’s active homicide caseload involves stolen guns.
Representatives asked practical questions: how often these charges would be brought as stand‑alone counts versus as part of other violent-crime prosecutions; how prosecutors would prove stolen status for ammunition; whether 16‑year‑old defendants could face adult prison sentences under the bill; and whether the bill inadvertently criminalizes innocent possessors who accepted firearms without knowledge they were stolen. Brian Smith of the Public Defender Division said the proposed elements require knowing possession, which attorneys and defenders said could be a key point in charging decisions.
Sponsor Steve Kelly said he would consider amendments such as clarifying whether ammunition should be included, and reiterated that the intent is to target purposeful, knowing possession that fuels violent crime and gun trafficking.
The committee took testimony and asked follow-ups but did not take a final vote at the hearing.
